Minimum Wage Preemption

Alabama's Uniform Minimum Wage and Right-to-Work Act (Ala. Code § 25-7-40 et seq.) preempts cities and counties from setting a local minimum wage. Alabama has no state minimum wage, so…

Alaska sets a statewide minimum wage under AS 23.10.065 that adjusts annually for inflation, and the state does not preempt local governments from adopting higher minimum wage…

Act 643 of 2017 reserves wage regulation to the state, barring Arkansas cities and counties from setting a local minimum wage above the state rate. Local wage ordinances are void and…

California sets a statewide minimum wage floor under Labor Code 1182.12, $16.90 per hour for all employers as of January 2026. Local governments are not preempted and may set higher…

Colorado allows local governments to adopt minimum wages above the state rate under CRS 8-6-101, with statewide minimums adjusted annually for inflation.

The District sets a citywide minimum wage of $18.40 per hour as of July 1, 2026, applying to all workers regardless of employer size. DC Official Code § 32-1003 fixed a $15.00 floor in…

Florida Statute 218.077 prohibits local governments from establishing a minimum wage other than the state or federal rate, preempting city and county living-wage ordinances except for…

Georgia prohibits local governments from setting minimum wages above state or federal levels under O.C.G.A. 34-4-3.1, a Title 34 preemption enacted in 2004 and broadened in 2017.

Idaho Code 44-1502 preempts local minimum wage ordinances, holding all Idaho cities and counties to the state minimum wage of $7.25 per hour, the same as the federal floor.

Indiana law preempts cities and counties from setting a local minimum wage above the state and federal floor of $7.25, with limited exceptions for public contracts.

Iowa Code 331.301(6) preempts counties and cities from adopting minimum wage rates that exceed the Iowa state minimum wage of $7.25 per hour.

Kansas prohibits cities and counties from setting a local minimum wage above the state and federal floor for private employers.

Kentucky law sets the state minimum wage at the federal floor and bars local governments from establishing higher minimum wages. Court rulings have invalidated local ordinances that…

Louisiana defaults to the federal minimum wage and bars political subdivisions from setting local minimum wages, employment benefits, or vacation requirements for private employers.

Maine's minimum wage statute at 26 MRS section 664 sets a state floor while expressly permitting municipalities to enact higher local minimum wages above the state level.

Massachusetts sets a statewide minimum wage of $15.00 per hour under MGL Chapter 151, and generally preempts cities from adopting higher local minimum wages.

Michigan minimum wage is set by the Improved Workforce Opportunity Wage Act (PA 337 of 2018). The Local Labor Regulatory Limitation Act (PA 105 of 2015, MCL §123.1381+) preempts local…

Miss. Code Section 17-1-51 preempts Mississippi cities and counties from adopting local minimum wages, paid leave, or other employment-benefit mandates that exceed state or federal law.

Missouri RSMo 290.528 preempts local minimum wage ordinances, requiring cities and counties to follow the state minimum wage and barring higher local wage floors. The state wage itself…

Montana sets a single statewide minimum wage under MCA 39-3-409, indexed annually to inflation ($10.85 in 2026). No Montana statute authorizes local governments to set their own or…

Nevada sets minimum wage statewide through constitutional and statutory provisions, preempting local wage ordinances and standardizing employer obligations.

RSA 279:21 sets the minimum wage by reference to federal law, currently $7.25, and effectively bars cities or towns from imposing higher local minimums.

New Jersey sets a uniform statewide minimum wage under NJSA 34:11-56a, scheduled to reach $15 per hour, with limited authority for municipalities to enact higher local wage floors.

New Mexico sets a statewide minimum wage but does not preempt local minimum wage ordinances, allowing cities and counties to set higher local minimums than state law.

New York Labor Law §652 sets a tiered statewide minimum wage that leaves no room for local wage ordinances. As of January 1, 2026 the rate is $17.00/hr in NYC, Long Island, and…

North Dakota sets a uniform statewide minimum wage under NDCC 34-06, and political subdivisions cannot establish higher local wage floors for private employers.

Ohio's constitutional minimum wage (Article II Section 34a) sets a state floor that adjusts annually with inflation, while ORC 4111.02 limits local action.

Oklahoma law preempts cities and counties from setting minimum wages higher than the state and federal floor, locking local employers to the statewide standard wage rate.

ORS 653.025 sets a three-tier statewide minimum wage and ORS 653.017 preempts cities and counties from adopting different local minimums.

Rhode Island sets minimum wage statewide under RIGL Chapter 28-12, which reached $16.00 per hour effective January 1, 2026, generally preempting local minimum wage ordinances.

South Carolina preempts local governments from setting minimum wage rates above the federal floor under Section 6-1-130 of the state code.

South Dakota sets a uniform minimum wage under SDCL 60-11 indexed annually to inflation, and local governments cannot mandate higher wages within municipal limits.

Tennessee prohibits local governments from setting minimum wages above the federal floor under T.C.A. 50-2-112, reserving wage authority exclusively to the state.

Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political…

Utah Title 34 Chapter 40 establishes the state minimum wage and preempts local governments from enacting their own minimum wage ordinances.

Vermont sets a statewide minimum wage under 21 V.S.A. 384 but does not preempt local minimum wage ordinances, allowing municipalities to set higher rates.

Virginia's minimum wage under Code § 40.1-28.10 is $12.77 per hour in 2026, rising to $13.75 on January 1, 2027 and $15.00 on January 1, 2028. The state rate preempts localities from…

Washington RCW 49.46 sets a statewide minimum wage adjusted annually for inflation; as of 2026 it is $17.13 per hour. Washington does not preempt local minimum wages, so several cities…

West Virginia sets a uniform minimum wage and overtime framework under W. Va. Code 21-5C, leaving little room for higher local minimum wages.

Wisconsin Statute 104.001 expressly preempts cities, villages, towns, and counties from establishing a minimum wage higher than the state minimum, ensuring uniform wage rules across…

Wyoming sets a statewide minimum wage and preempts cities and counties from enacting higher local minimum wages, ensuring uniform pay floor rules across the state.